GOURA CHANDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is preferred against the judgment of the learned Sessions Judge, Boudha-Khondmals, Phulbani, in Criminal Appeal No. 75 of 1985 confirming the order of conviction and sentence passed against the accused-petitioner by the trial Court under Section 409/34, I.P.C.

(2.) The gist of prosecution case is that the accused-petitioner was the Sarpanch of Madaguda Gram Panchayat during the relevant period and that he along with the Secretary of the Gram Panchayat (the co-accused in the case) in furtherance of their common intention had misappropriated an amount of Rs. 19,500/- from out of the Gram Panchayat funds and thereby rendered themselves liable under Section 409/34, I.P.C.

(3.) The prosecution has examined in all fifteen witnesses to prove its case. The plea of the petitioner was one of denial. No evidence was adduced on behalf of the petitioner in support of his plea.